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Debra B. Bergoffen - Contesting the Politics of Genocidal Rape: Affirming the Dignity of the Vulnerable Body

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Rape, traditionally a spoil of war, became a weapon of war in the ethnic cleansing campaign in Bosnia. The ICTY Kunarac court responded by transforming wartime rape from an ignored crime into a crime against humanity. In its judgment, the court argued that the rapists violated the Muslim womens right to sexual self-determination. Announcing this right to sexual integrity, the court transformed womens vulnerability from an invitation to abuse into a mark of human dignity. This close reading of the trial, guided by the phenomenological themes of the lived body and ambiguity, feminist critiques of the autonomous subject and the liberal sexual/social contract, critical legal theory assessments of human rights law and institutions, and psychoanalytic analyses of the politics of desire, argues that the court, by validating womens epistemic authority (their right to establish the meaning of their experience of rape) and affirming the dignity of the vulnerable body (thereby dethroning the autonomous body as the embodiment of dignity), shows us that human rights instruments can be used to combat the epidemic of wartime rape if they are read as de-legitimating the authority of the masculine autonomous subject and the gender codes it anchors.

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Contesting the Politics of Genocidal Rape Routledge Research in Gender and - photo 1
Contesting the Politics of Genocidal Rape
Routledge Research in Gender and Society
1 Economics of the Family and
Family Policies
Edited by Inga Persson and
Christina Jonung
2 Womens Work and Wages
Edited by Inga Persson and
Christina Jonung
3 Rethinking Households
An Atomistic Perspective on
European Living Arrangements
Michel Verdon
4 Gender, Welfare State and
the Market
Thomas P Boje and Arnlaug Leira
5 Gender, Economy and Culture
in the European Union
Simon Duncan and Birgit Pfau
Effi nger
6 Body, Femininity and
Nationalism
Girls in the German Youth
Movement 19001935
Marion E P de Ras
7 Women and the Labour-Market
Self-employment as a Route to
Economic Independence
Vani Borooah and Mark Hart
8 Victorias Daughters
The Schooling of Girls in Britain
and Ireland 18501914
Jane McDermid and
Paula Coonerty
9 Homosexuality, Law and
Resistance
Derek McGhee
10 Sex Differences in Labor Markets
David Neumark
11 Women, Activism and Social
Change
Edited by Maja Mikula
12 The Gender of Democracy
Citizenship and Gendered
Subjectivity
Maro Pantelidou Maloutas
13 Female Homosexuality in the
Middle East
Histories and Representations
Samar Habib
14 Global Empowerment of Women
Responses to Globalization and
Politicized Religions
Edited by Carolyn M. Elliott
15 Child Abuse, Gender and Society
Jackie Turton
16 Gendering Global
Transformations
Gender, Culture, Race, and Identity
Edited by Chima J. Korieh and
Philomena Ihejirija-Okeke
17 Gender, Race and
National Identity
Nations of Flesh and Blood
Jacqueline Hogan
18 Intimate Citizenships
Gender, Sexualities, Politics
Elzbieta H. Oleksy
19 A Philosophical Investigation
of Rape
The Making and Unmaking
of the Feminine Self
Louise du Toit
20 Migrant Men
Critical Studies of Masculinities
and the Migration Experience
Edited by Mike Donaldson,
Raymond Hibbins, Richard
Howson and Bob Pease
21 Theorizing Sexual Violence
Edited by Rene J. Heberle and
Victoria Grace
22 Inclusive Masculinity
The Changing Nature of
Masculinities
Eric Anderson
23 Understanding Non-Monogamies
Edited by Meg Barker and
Darren Langdridge
24 Transgender Identities
Towards a Social Analysis of
Gender Diversity
Edited by Sally Hines and
Tam Sanger
25 The Cultural Politics of Female
Sexuality in South Africa
Henriette Gunkel
26 Migration, Domestic
Work and Affect
A Decolonial Approach on
Value and the Feminization
of Labor
Encarnacin Gutirrez-Rodrguez
27 Overcoming Objectifi cation
A Carnal Ethics
Ann J. Cahill
28 Intimate Partner Violence
in LGBTQ Lives
Edited by Janice L. Ristock
29 Contesting the Politics of
Genocidal Rape
Affi rming the Dignity of the
Vulnerable Body
Debra B. Bergoffen
Contesting the Politics of
Genocidal Rape
Affirming the Dignity of the
Vulnerable Body
Debra B. Bergoffen
First published 2012 by Routledge 711 Third Avenue New York NY 10017 - photo 2
First published 2012
by Routledge
711 Third Avenue, New York, NY 10017
Simultaneously published in the UK
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
2012 Taylor & Francis
The right of Debra B. Bergoffen to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
Printed and bound in the United States of America on acid-free paper by IBT Global.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Library of Congress Cataloging in Publication Data
Bergoffen, Debra B.
Contesting the politics of genocidal rape : affirming the dignity of the vulnerable body / by Debra B. Bergoffen. 1st ed.
p. cm. (Routledge research in gender and society ; 29)
Includes bibliographical references and index.
1. RapeBosnia and Hercegovina. 2. Yugoslav War, 19911995Atrocities 3. Rape victimsBosnia and Hercegovina. 4. Sex crimesBosnia and Hercegovina. I. Title.
HV6569.B54B47 2012
364.1532dc23
2011018655
ISBN: 978-0-415-89127-1 (hbk)
ISBN: 978-0-203-34013-4 (ebk)
Justice is always alsoand perhaps firstthe demand for justice: the complaint and protestation against injustice, the call that cries out for justice and the breath that exhausts itself for it.
Jean-Luc Nancy
Contents
1
2
3
4
5
6
Acknowledgments
I owe much to the many people who have taken the time and trouble to read my work and critique my ideas. I am especially grateful for the friendship and encouragement of Gail Weiss, Ellen Feder, Robin Schott, Louise Du Toit. My debt to Claire Moses is beyond measure. Many of these chapters had their beginnings in workshops and at conferences. The give and take at these events was invaluable to me as I tested concepts and explored the issues raised here. My gratitude to the Philosophy Department at Rhodes University in Grahamstown, South Africa, for inviting me to spend a term there, to Michael Staudigl for organizing the Faces of Violence seminar at the Institute for Human Sciences in Vienna and to Regina Muehlhaeuser and Gaby Zipfel for their invaluable work at the Hamburg Institute for Social Research and for organizing conferences in war time sexual violence. Each of these venues provided intellectual and personal settings for people from diverse disciplines to push the boundaries of thought as we confronted the complexities of gendered aggression and violence. My thanks to colleagues, students and friends at George Mason University who, over the many years of my tenure there, supported my work, pushed my ideas, shared lunches, dinners and glasses of wine. My appreciation to Shelley Harshe of the Department of Philosophy and Religion at American University for her grace, advice and troubleshooting. Andafter all is said and doneto Bob for sharing my life and anchoring it in the quiet passion of his love.
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